15
What En Banc Decision Doesn’t Settle, cont’d n Presumably this is at most a presumption. How does one rebut? u What if defendant had showed that the price even with all of the discounts allocated to one product was above cost? u Consumers better off allowing conduct: F Monopolist more efficient. F Barriers to re-entry or new entry low. F Should intention not to kill product be relevant?

16
What En Banc Decision Doesn’t Settle, cont’d n What constitutes a procompetitive justification? u Transaction cost efficiencies in bundling rather than having a separate discount program for 20,000 products? u Is lowering own cost a justification for raising a rival’s?